Accident: being charged with 12500(a) california vehicle code. Need help!!!

[bi0h4z4rd]

On April 8th, 2004 I turned 20 years old. My license expired that day as well.
On April 9th, 2004 I was involved in a car accident.

I was driving Northbound about 20-30mph in a 25mph school zone.
The last available street to go east had it's view blocked by a towtruck, who was in the REDZONE.
A driver (D-2) going Westbound approaching a stop sign to turn left going Southbound went thru the stop sign and stopped in the middle of northbound's way of traffic. Because I wasn't going that fast I had enough time to slow down and get out of the way but I still hit his back end.
My brother (eight) and I were wearing seatbelts. We had to be rushed by ambulance to the ER for neck and back injuries. I may have life long back problems because of this.
*EDIT*
1. My car is totalled, I was driving an '85 Camaro.
2. My brother and myself were injured very bad.
*EDIT*
However, on the 19th, I recieved RESTRICTED mail from Anaheim Police Department saying I have to appear in court on June 1, 2004 for violating 12500(a): Unlicensed Driver.

I think this unfair!!! I myself am a Criminal Law student who is going into the Police Academy in August. I also served my country in the USMC. Since when do drivers run stop signs in a school zone injuring TWO people and not get charged with crap. Why am I being charged with a misdemeanor for driving one day after an expired license.

Any cops out there who can help me out by telling me what to say to the judge, I'd really appreciate it.
Also, I'd like to know, if I'm found GUILTY, what is the punishment? And what will most likely happen to me?

Any help will be appreciated.


SEMPER FI!

[Curt581]

Easy. Go to the DMV, and renew your license. Today, if possible. Take your renewed DL with you to court in June. Tell the judge you didn't realize it was expired, but have since corrected the oversight. Ask him to dismiss the citation. He might, but if he doesn't, he'll probably just charge you a small fee to cover court costs. Take it. After all, it IS your fault that you didn't renew when you should've, right?

Don't mention that you're a CJ student, that you're gonna be a cop, or that you served your country as a Marine. It's all irrelevant, and only clouds the issue. Don't make this out to be a bigger deal than it is.

[RJB]

Is it illegal to drive without a current license? Yes
Was your license current? No
Is it your responsibility to renew your license? Yes
Did you renew you license before it expired? No

Seems pretty cut and dry to me.

[bi0h4z4rd]

I had my license renewed yesterday. The thing was, I actually DIDN'T know my license had expired at the time of my accident. So why am I being charged with all this sh*t and the guy who CAUSED the accident doesn't get anything?

[Sleuth]

1. 'Cause life an't fair - any Marine knows that.
2. 'cause you don't get to read the other guys restricted mail from the Anaheim PD.

[ChesCopPodz]

First off, are you completely sure that the other guy didn't get anything? or do you not really know. He very well could have gotten a ticket and you don't know about it. Secondly, it is cut and dry. It's not anyone elses responsibility to renew your OL other than you. You didn't, now you might have to pay the piper. I don't believe that a judge would really hem you up if you bring you new OL to court and show him or her that you have it. That plus the fact that it was one day expired should help. The third thing, I am having real trouble believing that an accident with one car not moving, and a second car was going 20-30 and "had enough time to slow down and get out of the way" which according to that statement puts you at the 10-15mph range had that bad of a crash where 2 people needed to be transported to the hospital. Smells fishy to me.

[Frank Booth]

So why am I being charged with all this sh*t and the guy who CAUSED the accident doesn't get anything?

Maybe because the OTHER guy already went to the police academy, already got hired by a police department, already is a cop and served in the Coast Guard like the cop who responded to the scene.....

[Hunter]

I also smell the fishy-ness. You should be going quite fast to total your car, and injure two people with seatbelts on. What happened to the car? The axle must have broken or something, but you should have been going quite fast, and at a weird angle for that to happen. Either that, or the other car was. In the last 5 meters of breaking, you wipe of half your speed.

I also agree with you guys that you don't even know if the other guy actually did get charged or not. I bet he did, as he was in the wrong for the accident. If you had a good license, you wouldn't have been stuffed.

Just tell the truth about your license in court. And yes, don't say your going to be a cop, and your this that and the rest of it. I agree that it is irrelevant.

- Mitch

[kirch]

The thing was, I actually DIDN'T know my license had expired at the time of my accident

Sure you did, it's right there on your license.

Personally, I don't have a lot of sympathy for those who give me the 'I didn't know it was expired becuase I never got any notice' argument. I can't speak for CA, but around here the DMV sends out reminders as a courtesy. They're not required to do so, nor are they required to make sure the contact information they have for you is accurate or up-to-date. Ultimately, the responsibility for keeping everything from expiring is yours.

I can appreciate your situation, but I think you're getting worked up over a relatively minor incident. You'll probably be let off easy, if not completely, if you follow the advice above. Your injuries and vehicle damage really don't have anything to do with the ticket. That's a civil matter handled by the insurance companies. If that doesn't work, you can deal with it through the civil court.

And I too was somewhat curious about the extent of injuries and damage from a relatively low-speed collision.

[PhilipCal]

12500(a)CVC

One Marine to another.Your DL was expired.You were involved in an accident.Neither incident makes you a bad guy,neither will lesson your chances as an LEO.Get the DL renewed.Appear in court.As noted judge may dismiss the case,or charge you court costs.No big deal.Again.your LEO chances not adversely affected.Move on. Good luck.Semper Fi.

[archer0830]

Originally posted by bi0h4z4rd
The thing was, I actually DIDN'T know my license had expired at the time of my accident.

Ignorance is no excuse for the law. Especially when it's printed on your license.

[Welpe]

Originally posted by archer0830
Ignorance is no excuse for the law. Especially when it's printed on your license.

It is in California to boot.

Kirch, yes, the CA DMV does send out reminders to renew your license, several months in advance of the expiration date.

Monty

[bi0h4z4rd]

I was never notified of a renewal, the address that appears on my license is different than where I live.

Also, you guys keep thinking I'm making "excuses". I'm not making excuses for sh*t.
All I wanna know is why I am getting charged with this crap and the driver who caused all this gets NOTHING.

I also wanna know what the punishment for a 12500(a) is. You people need to stop making assumptions. One thing we learn in the Military is take responsibility for our actions. Even though I was NOT notified of my license expiring soon and yes I know it's there on my license but you really don't keep that in mind, yeah it's my responsibility and I accept going to court.




I appreciate the help, but please stop bashing me saying I'm irresponsible and that you people don't have sympathy. I don't care for those comments. I could give a crap if you Officers think I'm throwing a pity party, I'm not.
I'd like it if you guys cut the "we think you're full of sh*t" comments.

I just wanna know how to fight it, what it can do to my career and why he didn't get charged with anything.

Thanks.


SEMPER FI!

[Curt581]

Originally posted by bi0h4z4rd
I was never notified of a renewal, the address that appears on my license is different than where I live.

You're also the one responsible for notifying DMV of address changes.

Also, you guys keep thinking I'm making "excuses". I'm not making excuses for sh*t. All I wanna know is why I am getting charged with this crap and the driver who caused all this gets NOTHING.

You got cited because you committed a violation. Simple. We told you how to handle it. As far as the other driver, why are you worried about it? Since we're obviously not the investigating officer, we can't tell you why. It could be that the other driver did get cited.

I also wanna know what the punishment for a 12500(a) is.

Read your copy of the ticket. It should say what the fine amount is.

You people need to stop making assumptions. One thing we learn in the Military is take responsibility for our actions. Even though I was NOT notified of my license expiring soon and yes I know it's there on my license but you really don't keep that in mind, yeah it's my responsibility and I accept going to court.

Why are you making this out to be such a big deal? We told you that the intake Judge will offer to amend the ticket. You were in the wrong, by your own admission. Suck it up and deal with it.

I appreciate the help, but please stop bashing me saying I'm irresponsible and that you people don't have sympathy. I don't care for those comments.

Yup... this is a tough crowd. If you want the straight, unvarnished truth, we'll give it to you. The world we work in is an unforgiving place. If you want sympathy, call Momma.

I could give a crap if you Officers think I'm throwing a pity party, I'm not. I'd like it if you guys cut the "we think you're full of sh*t" comments.

If you could give a crap what we think, then why are you asking? I'm starting to wonder if you're really a Marine. None of the ones I know whine and snivel this much.

I just wanna know how to fight it, what it can do to my career and why he didn't get charged with anything.
Thanks.

1. If you want to fight it, call a lawyer.
2. Snotty attitudes can end your career faster than a measly ticket.
3. We told you... we don't know that without reading the accident report. Call the cop who wrote it. But if you ask with this much attitude, he isn't going to tell you squat.

[Frank Booth]

All I wanna know is why I am getting charged with this crap and the driver who caused all this gets NOTHING.

Most likely, he didn't like your attitude at the scene, or maybe he just doen't like Marines, or criminal justice students, or the kind of car you were driving or how you looked, or what racial or ethnic group you're a member of, or because you have a hot-looking wife and he's jealous, or because you have a mediocre wife and he's jealous because he has a hot wife and she cheats on him, or because he's jealous of you because of the kind of clothes you were wearing at the time, or becuase he flipped a coin and you lost. On the other hand, he may have given the other guy a break because he was poor and couldn't afford the ticket, or because he had more in common with the other guy, or just because he knew the other guy personally, or because the other guy was a cop, or because the other guy slipped him a hundred bucks, or because he just liked the other guy more than you, or because the other guy had a good attitude and you didn't, or because of any number of other reasons. Take your pick, you were there, we weren't.